Council News August 2021

Council Message

Welcome to the August edition of our newsletter. In this issue we include an article on compounding of eye drops, an area of practice that has resulted in an increase in complaints this year. We also continue our applying the poisons legislation series of articles by covering the practicalities surrounding the supply of Schedule 3 medications. And we provide a reminder to proprietors of the publications required in every pharmacy.

For vaccinating pharmacists, don’t miss NSW Health’s webinar being held this Wednesday to support pharmacists delivering COVID-19 vaccinations. Registration details are included in this edition.

In other news, there have been some recent changes to the Council. We farewelled retiring members Carolyn Burlew and Marilyn Starr and welcomed Susan Penny and Sim Mead who have been appointed as new Community Members.

Dr Joyce Cooper

President, Pharmacy Council of NSW

Complaints to Council - Compounding of eye drops

Over the last months, the Council has received an increasing number of complaints relating to the compounding of eye drops in community pharmacies. Two examples are highlighted in this newsletter.

Case 1

A patient submitted a complaint to Ahpra complaining of blurred vision, dilated pupils, light sensitivity and eye pain. The symptoms occurred the morning after using one dose of newly prescribed, low-dose atropine 0.02% eye drops that had been compounded at a local pharmacy.

Applying the poisons legislation – practical tips

In this section of the newsletter, we will help you apply the poisons legislation in your practice. Each newsletter will include explanations, guidance, tips and resources relating to one or more of the common areas where the Council sees that practitioners have difficulties or experience confusion.

This month’s newsletter covers the practicalities surrounding the supply of Schedule 3 medications.

Where to find critical information

There are a few different sources of information which pharmacists need to be aware of in order to ensure they are fulfilling their responsibilities in relation to the supply of Schedule 3 medications.

Publications required in pharmacies in NSW

The Health Practitioner Regulation (New South Wales) Regulation 2016 adopts, in Schedule 5 (for pharmacy premises) and Schedule 6 (for professional services room premises) of the regulation, the latest editions, and all published amendments or supplements to those editions, of the publications listed in the Pharmacy Board of Australia’s Guidelines on practice-specific issues—Guideline 1 (List of reference texts for pharmacists), as amended from time to time, as required publications in New South Wales.

From NSW Health - Webinar to support pharmacists delivering COVID-19 vaccinations

NSW Health and the National Centre for Immunisation Research and Surveillance (NCIRS) have partnered to provide a webinar to support pharmacists delivering COVID-19 vaccinations.

The registration page for the pharmacist immuniser webinar is at: https://us02web.zoom.us/webinar/register/WN_lF2UdRo5TM2-7Zzx2bKChA.

Topic: COVID-19 vaccination for pharmacist immunisers

Date: Wednesday 18 August 2021

Time: 7:00pm AEST

This webinar will provide:

an overview of the NSW Vaccination Standards and obligations pharmacist immunisers must meet to deliver AstraZeneca COVID-19 vaccination to their patients
current advice from ATAGI on benefits and harms of AstraZeneca COVID-19 vaccination
a practical approach to gaining informed consent, including how to discuss the benefits and risks of the AstraZeneca COVID-19 vaccine to patients and when to refer patients to medical practitioners
opportunity to have your questions answered by our panel of pharmacist experts, medical specialists and general practitioners.

This webinar will be recorded and available in the days following. Register to receive the link to the recording via email when it is available.

Recent NSW Tribunal decisions

Health Care Complaints Commission v John Conte

The Tribunal made a finding of unsatisfactory professional conduct based on criminal convictions for intentionally importing prohibited substances as well as a failure to notify Ahpra of the charges and the subsequent convictions under s.130 of the National Law.

The Tribunal reprimanded the practitioner, imposed practice conditions, mentoring, audit conditions, a requirement for QCPP accreditation and a restriction against engaging in complex and/or aseptic compounding.

Health Care Complaints Commission v Steven Pham

The Tribunal found the complaints of unsatisfactory professional conduct and professional misconduct proven. His registration as a pharmacist was cancelled. He is disqualified from applying for registration for a period of two years.

Health Care Complaints Commission v Kristen Haydon

The Tribunal made findings of unsatisfactory professional conduct and professional misconduct and impairment. The Tribunal also found that if the practitioner had been registered it would have cancelled her registration with immediate effect.

The practitioner was disqualified from seeking re-registration as a pharmacist for three years and during that time is prohibited from working in any role in which she may possess, handle or control Schedule 8 drugs.

Health Care Complaints Commission v John Negus

NCAT found the complaints of unsatisfactory professional conduct and professional misconduct proven. If the practitioner had been registered, NCAT would have ordered the immediate cancellation of his registration. He is disqualified from applying for registration for a period of one year.

Health Care Complaints Commission v Hung Tran

The Tribunal found the complaints of unsatisfactory professional conduct and professional misconduct proven. It reprimanded the practitioner and imposed a mentoring condition on his registration.

Health Care Complaints Commission v David Le

The Tribunal found the practitioner had engaged in professional misconduct and was not a suitable person to hold registration as a pharmacist. The Tribunal cancelled the practitioner’s registration as a pharmacist and prohibited him from seeking review of the order for two years.

Health Care Complaints Commission v Sevan Naamo

The Tribunal found the complaints of unsatisfactory professional conduct and misconduct proven, reprimanded the practitioner and cancelled his registration. The practitioner is not eligible for review of the Tribunal’s order for five years.

Health Care Complaints Commission v Michael Azzam

The Tribunal found the complaints of unsatisfactory professional conduct and professional misconduct proven. His registration as a pharmacist was cancelled. He is disqualified from applying for registration for a period of two years.

Useful links

Electronic prescribing, where available in the community, will provide patients with a choice to receive either an electronic or a paper prescription from their prescriber. Read more on the NSW Health website here.
With the introduction of electronic prescribing, NSW Health provides a guide for medical practitioners and pharmacists on legal forms of prescriptions and medication chart orders here.
The NSW Government’s framework for use of an electronic drug register requiring single signature can be found here.
NSW Health has issued a warning for doctors to be on high alert amid reports of patients seeking opioids as part of organised criminal activity. Read an article published by the RACGP here.

If you would like to provide feedback or make a complaint about our administrative and business processes, you can do this using our online form or by emailing us at mail@hpca.nsw.gov.au